Karl Anuta and Robert S. Pierce, September 25, 1996

THEODORE R. KULONGOSKI
'TIORNEY GENERAL
Karl Anuta, Vice President
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378--1400
TDD: (503) 378-5938
September 25, 1996
Northwest Environmental Defense Center
10015 S.W. Terwilliger Boulevard
Portland, Oregon 97219
Robert S. Pierce, Law Clerk
Northwest Environmental Defense Center
10015 S.W. Terwilliger Boulevard
Portland, Oregon 97219
Re: Petiti.on for Public Records Disclosure Order:
Department of Environmental Quality Records
Dear Messrs. Anuta and Pierce:
THOMAS A. BALMER
DEPUTY ATIORNEY GENERAL
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on September 18, 1996,11 asks the Attorney General to direct the Department of
Environmental Quality (DEQ) to make available: 1) documents verifying that DEQ has
submitted to the Environmental Protection Agency final TMDLs on all of the water bodies
referenced in the consent decree made pursuant to NEDC v. Thomas, or 2) if TMDLs are
not completed on all referenced water bodies, documents showing which ones have been _ _
submitted to EPA and why DEQ has not completed the water bodies referenced in the -
consent decree. For the reasons that follow, we respectfully deny your petition.
According to a letter from Susan Greco, DEQ Rules Coordinator, to Karl Anuta dated
September 23, 1996, DEQ has agreed to release the records that you requested. Some of
these records were apparently sent to you with Ms. Greco's letter. Ms. Greco's letter
further states that the agency is attempting to locate other records that may exist. We have
11 We received the petition on September 18, 1996, but without any attachments; we received the
complete petition on September 19, 1996.
Karl Anuta
Robert S. Pierce
Page 2
September 25, 1996
confirmed with Ms. Greco that these additional records will be sent to you once they are
located or that you will be notified promptly if the agency determines the records do not
exist. 21
Absent a denial of a records request by a state agency, the Attorney General has no
authority to order disclosure of the records. See ORS 192.450(1). Because DEQ has not
denied your request for the records, but agreed to release those records to you, we
respectfully deny your petition.
ESH:UK:AV:kt/JAA0206E
c: Susan Greco, DEQ
Sincerely,
~A1i~
ELIZABETHS.HARCHENKO
Special Counsel
to the Attorney General
11 This office cannot order an agency to disclose records that do not exist. Moreover, the Public
Records Law does not impose on public bodies the duty to create public records in order to disclose
"knowledge" their staff might have. OREGON PUBLIC RECORDS AND MEETINGS MANUAL (1995) at
5.

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THEODORE R. KULONGOSKI
'TIORNEY GENERAL
Karl Anuta, Vice President
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378--1400
TDD: (503) 378-5938
September 25, 1996
Northwest Environmental Defense Center
10015 S.W. Terwilliger Boulevard
Portland, Oregon 97219
Robert S. Pierce, Law Clerk
Northwest Environmental Defense Center
10015 S.W. Terwilliger Boulevard
Portland, Oregon 97219
Re: Petiti.on for Public Records Disclosure Order:
Department of Environmental Quality Records
Dear Messrs. Anuta and Pierce:
THOMAS A. BALMER
DEPUTY ATIORNEY GENERAL
This letter is the Attorney General's order on your petition for disclosure of records
under the Oregon Public Records Law, ORS 192.410 to 192.505. Your petition, which we
received on September 18, 1996,11 asks the Attorney General to direct the Department of
Environmental Quality (DEQ) to make available: 1) documents verifying that DEQ has
submitted to the Environmental Protection Agency final TMDLs on all of the water bodies
referenced in the consent decree made pursuant to NEDC v. Thomas, or 2) if TMDLs are
not completed on all referenced water bodies, documents showing which ones have been _ _
submitted to EPA and why DEQ has not completed the water bodies referenced in the -
consent decree. For the reasons that follow, we respectfully deny your petition.
According to a letter from Susan Greco, DEQ Rules Coordinator, to Karl Anuta dated
September 23, 1996, DEQ has agreed to release the records that you requested. Some of
these records were apparently sent to you with Ms. Greco's letter. Ms. Greco's letter
further states that the agency is attempting to locate other records that may exist. We have
11 We received the petition on September 18, 1996, but without any attachments; we received the
complete petition on September 19, 1996.
Karl Anuta
Robert S. Pierce
Page 2
September 25, 1996
confirmed with Ms. Greco that these additional records will be sent to you once they are
located or that you will be notified promptly if the agency determines the records do not
exist. 21
Absent a denial of a records request by a state agency, the Attorney General has no
authority to order disclosure of the records. See ORS 192.450(1). Because DEQ has not
denied your request for the records, but agreed to release those records to you, we
respectfully deny your petition.
ESH:UK:AV:kt/JAA0206E
c: Susan Greco, DEQ
Sincerely,
~A1i~
ELIZABETHS.HARCHENKO
Special Counsel
to the Attorney General
11 This office cannot order an agency to disclose records that do not exist. Moreover, the Public
Records Law does not impose on public bodies the duty to create public records in order to disclose
"knowledge" their staff might have. OREGON PUBLIC RECORDS AND MEETINGS MANUAL (1995) at
5.